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HomeMy WebLinkAboutPD 40-06 CitJ¡ o~ REPORT TO EXECUTIVE COMMITTEE 131 Report Number: PD 40-06 Date: June 26,2006 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 2/06 Pickering Harbour Company 1213 & 1224 Sandbar Road (Lots 219-224, Lots 283-288 and Part of Lots 218, 289, Plan 299) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 2/06 be APPROVED, as set out in the draft by-law attached as Appendix I to Report PD 40-06, to amend the existing zoning on the subject property to an "OS-PR" Open Space Passive Recreation Zone, to permit a wind turbine and passive recreation uses, on lands being Lots 219-224, Lots 283-288 and Part of Lots 218 and 289, Plan 299, City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 2/06, as set out in Appendix I to Report PD 40-06, be FORWARDED to City Council for enactment. 3. That Council ENDORSE the initiation and coordination by staff of a future zoning by-law amendment application, in conjunction with the Toronto and Region Conservation Authority (TRCA) and the Pickering Harbour Company, to rezone the remaining lands of the East Spit between the subject property and Liverpool Road (Parts 8 to 16, 40R2022, Parts 1, 2 and 3, RP 40R6366) to an appropriate open space category to implement the Open Space Systems - Natural Areas of the City of Pickering's Official Plan. Executive Summary: The applicant requests a zoning by-law amendment for the establishment of an Open Space Zone to permit a wind turbine and other recreation uses for the property located at the terminus of the East Spit of Frenchman's Bay (see Attachment #1 - Location Map). The lands are currently vacant. The applicant proposes to construct a privately owned and operated wind turbine on these lands to provide power for its marina operation located on the east shore of Frenchman's Bay (see Attachment #2, Applicant's Submitted Plan). The wind turbine represents a form of sustainable development that implements the Pickering Official Plan and is consistent with the Liverpool Waterfront Node Development Guidelines. J ~ ';Report PD 40-06 Subject: Pickering Harbour Company (A 2/06) Date: June 26, 2006 Page 2 Staff support the wind turbine use however the extent and intensity of recreational uses requested by the applicant does not maintain the intent of the Official Plan. Development of the site should be restricted to passive recreation uses as set out in the proposed amending by-law (see Appendix I). It is recommended that this application be approved for a wind turbine and passive recreational uses, and that the draft by-law be enacted by City Council. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Background: 1.0 Comments Received 1.1 At the April 20, 2006 Public Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 and #4) · Ian McCullough of Marshall Homes, authorized agent; attended to explain the proposal as outlined in the Information Report 06-06 and also stated that the owner would construct a wind turbine that would be visually compatible with the Waterfront; · Sylvain Trepanier, area resident at 1218 Monica Cook Place, raised the following issues with the application: - clarification regarding fragmented ownership of the properties, including road allowances along the East Spit; - the impact the proposed wind turbine would have on the view from Frenchman's Bay; - clarification on the definition of 'passive recreation uses'; · Maurice Brenner, Regional Councillor, Chairman, suggested that the applicant provide a follow-up to this meeting with the Waterfront Coordinating Committee to address the issues raised by Mr. Trepanier; 1.2 Following the Information Meeting · The applicant was invited to attend the May 25th, 2006 meeting of the Waterfront Coordinating Committee to provide further details on the application; · The applicant's proposal was well received by the Waterfront Coordinating Committee; · Planning & Development staff have been advised orally by the TRCA that, although agreements are in place between the Pickering Harbour Company and the TRCA to rationalize the ownership of the adjacent properties and the road allowance along the East Spit, these transactions have not been finalized; · Finalization of the above-noted agreements is expected in the near future, subject to the fulfillment of conditions; Report PD 40-06 Date: June 26, 2006 138 Subject: Pickering Harbour Company (A 2/06) Page 3 1.3 City Department and Agency Comments Region of Durham Planning Department no objection as the development of windmills is permitted within all land use designations provided that the requirements of the Environmental Assessment Act are adhered to; - the proposal promotes alternative forms of energy and exhibits a mix of uses, as is intended along Waterfronts (see Attachment #5); Toronto and Region Conservation Authority - the applicant has submitted the required Permit Application to the TRCA and a permit must be obtained prior to any development occurring within the subject property; recommends that, once the wind turbine is constructed, a monitoring study be undertaken to investigate the frequency of bird and bat mortality in the area (see Attachment #6). 2.0 Discussion 2.1 Proposal The applicant proposes the establishment of a wind turbine at the gateway to Frenchman's Bay at the terminus of the East Spit, for the purpose of providing power to the adjacent marina operation. The proposed height of the wind turbine to its hub and the length of the blades would be 50 metres and 13.4 metres, respectively, for an actual height of 63.4 metres above established grade. The applicant requests that the current "R-4" Residential zoning be changed to an "OS-PR" - Open Space Passive Recreation Zone to allow passive recreation uses and a wind turbine on the subject lands. Wind turbines convert and store the kinetic energy from the wind into electrical or mechanical power. Passive recreation generally encompasses the less intensive range of outdoor activities that are compatible with preserving natural resource functions such as wildlife habitat, wildlife observation, floodplain protection, as well as walking or biking. The owner further intends to utilize the property to host temporary events such as regattas in association with the adjacent marina operation, weddings, and associated photography. .~ ~i ~eport PD 40-06 Date: June 26, 2006 Subject: Pickering Harbour Company (A 2/06) Page 4 2.2 Compatibility of Uses 2.2.1 The proposed wind turbine use complies with the Pickerinq Official Plan desiqnation, is an appropriate and compatible use within the Bav Ridqes Neiqhbourhood. and is consistent with the Liverpool Road Waterfront Node Guidelines The subject property is designated Open Space Systems - Natural Areas within the Bay Ridges Neighbourhood. This designation permits conservation, environmental protection, recreation and ancillary uses. The Bay Ridges Neighbourhood policies encourage City Council to promote the Waterfront Node as a boating, tourism and recreational area. This proposal is consistent with the policy. The applicant's proposal is consistent with the "Great Lakes Nautical Village" theme outlined in the Liverpool Road Waterfront Node Development Guidelines as it introduces a mix of compatible uses on the lands. The proposed uses would provide land-based recreation and tourism opportunities in accordance with the Liverpool Road Waterfront Node Development Guidelines. The views from the neighbourhood toward Frenchman's Bay and Lake Ontario would not be adversely impacted by this proposal (see Attachment #7 - Aerial View at the East Spit of Frenchman's Bay). 2.2.2 While passive recreational uses are supported for the lands, the more intensive uses proposed are not supported The applicant requests that the implementing zoning by-law permit passive uses related to and supportive of preservation of the natural environment, such as wildlife observation, floodplain protection, walking and biking. However, they also request that the by-law allow more active uses such as regattas in association with the adjacent marina operation, and weddings and other special events including ancillary photography. While staff support the introduction of strictly passive uses and photography associated with weddings, we have concern over active uses such as weddings, wedding receptions, regattas, and other large social gatherings. These uses require the nearby provision of vehicle parking and services such as washrooms which are not available to serve this location and will put undue pressure on existing public facilities. The Open Space - Natural Areas designation of the land is intended to ensure primary uses that promote conservation and environmental protection. Uses other than those associated with passive recreation are not appropriate for these lands. Report PD 40-06 Date: June 26, 2006 Subject: Pickering Harbour Company (A 2/06) Page 5 .; 3 n I~. _. 2.3 Zoning By-law Performance Standards 2.3.1 The proposed by-law permits Open Space Passive Recreation uses and a Wind Turbine on the subject lands The proposed by-law would permit one wind turbine and passive recreation uses such as biking, walking, hiking, and photography. A gazebo related to passive recreational uses would also be permitted on the subject lands (maximum 40 square metres floor area). It is recommended that the following uses be permitted on the subject lands: . passive recreation (no major buildings or structures permitted) . wind turbine (private) 2.3.2 The proposed by-law will requlate the maximum heiqht of the wind turbine It is recommended that the wind turbine tower be limited to a maximum height of 50 metres, being measured to the peak of its hub, and a maximum overall height of 65 metres, being measured to the top of the blades at their full vertical extension. For reference purposes, the existing Ontario Power Generation wind turbine located next to the City's Nuclear Power Station provides an overall height of 117 metres, when measured to the top of the blades at their full extension (see Attachment #8 - Illustration Comparing Proposed Wind Turbine and Existing OPG Wind Turbine). 2.3.3 The proposed by-law will recoqnize current dredqinq practices It is recommended that the proposed by-law include a clause that would allow current dredging activities related to Frenchman's Bay to continue. 2.4 Site Plan Approval is required prior to construction of the proposed Wind Turbine 2.4.1 The City's requirements with respect to the sitinq of the wind turbine will be addressed throuqh the site plan review process. Amonqst other matters. the owner will be required to address: · the design of fencing to be provided around the proposed wind turbine tower that ensures anti-climbing protection; . lighting, signage; · details regarding the power connection to the adjacent marina operation; · an agreement between the owner and the City which ensures that a post construction monitoring study is submitted to the satisfaction of the Toronto and Region Conservation Authority to investigate impacts of the proposed wind turbine on wildlife; 1. 3)Report PD 40-06 Subject: Pickering Harbour Company (A 2/06) Date: June 26, 2006 Page 6 · appropriate siting of the wind turbine tower which doesn't preclude the potential for the future construction of a connecting bridge across the East Spit and West Spit of Frenchman's Bay; · the applicant shall provide confirmation from the Ministry of Environment that the proposed wind turbine is not subject to Environmental Assessment Act requirements (it is our understanding that the wind turbines generating less than two megawatts of electricity output are not subject to the Electrical Projects Regulation under the Environmental Assessment Act, and do not require an Individual Environmental Assessment); · the applicant will be required to provide confirmation of any restrictive covenants regarding access over TRCA and City of Pickering owned portions of the Right-Of-Way (Sandbar Road) between the subject lands to Liverpool Road and over Liverpool Road; 3.0 Applicant's Comments The applicant has been made aware of the content of this report, has reviewed the draft zoning by-law, and is concerned that the proposed by-law is too restrictive and will not permit for uses associated with certain social events. The applicant requests that opportunity be provided for weddings, wedding receptions, and larger social gatherings, rather than be restricted to wedding photography and small group gatherings. APPENDIX: Appendix I: Draft Implementing By-law Attachments: 1 . Location Map 2. Applicant's Submitted Site Plan 3. Text of Information Report 4. Minutes from Statutory Public Meeting 5. Comments from the Durham Region Planning Department 6. Comments from the Toronto and Region Conservation Authority 7. Aerial View at the East Spit of Frenchman's Bay 8. Illustration Comparing Proposed Wind Turbine and Existing OPG Wind Turbine Report PD 40-06 Date: June 26,2006 140 Subject: Pickering Harbour Company (A 2/06) Page 7 Prepared By: Approved / Endorsed By: 1 ~ /2 -=/,,,, " . ~ - l~l.ir::1;· Rick Cefaratti Planner II Neil Carroll, Director, Planm ....-"'"'ì Lynda aylor, MCIP, 8 Manager, Developm nt Review RC:ld Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City ouncil " ; '; 4 '"'i I .. F PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham on Lots 219-224, Lots 283-288 and Part of Lots 218, 289, Plan 299, City of Pickering. (A 2/06) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the establishment of passive open space uses on the subject lands, being Lots 219-224, Lots 283-288 and Part of Lots 218, 289, Plan 299, City of Pickering. AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I to By-law 2511, attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lots 219-224, Lots 283-288 and Part of Lots 218 and 289, Plan 299, City of Pickering, designated "OS-PR" on Schedule I attached hereto. 3. GENERAL PROVISIONS No structure, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) "Dredqinq" shall mean the use of equipment and 1 or machinery to remove sediment from the bottom of waterways, wetlands and other bodies of water and 1 or to deepen or widen a harbour; (2) "Passive Recreation" shall mean outdoor activities compatible with preserving natural resource functions such as wildlife habitat, wildlife observation, floodplain protection, biking, hiking, walking, and photography, and shall not include any buildings or structures; ; ,1 ", . .~ - 2 - ~~f1eiqht - Wind Turbine" shall mean the height of a wind turbine, being Or' measured from the established grade to the top of the blades at their full vertical extension; (4) "Wind Turbine" shall mean a structure or a system of components used to convert the kinetic energy of the wind into electrical or mechanical power that comprises all the necessary devices for energy storage, power conditioning, control systems, transmission systems and structural support systems, to provide electrical or mechanical power for private consumption; 5. PROVISIONS (1) Uses Permitted ("OS-PR" Zone) No person shall within the lands designated "OS-PR" on Schedule I attached hereto, use any lot or erect, alter, or use any structure for any purpose except the following: (a) passive recreation (b) wind turbine (2) Zone Requirements ("OS-PR" Zone) No person shall within the lands designated "OS-PR" on Schedule I attached hereto, use any lot or erect, alter, or use any structure for any purpose except in accordance with the following provisions: (a) WIND TURBINE: (i) maximum one wind turbine (ii) maximum height of 65 metres; (b) SPECIAL REGULATIONS: (i) Despite Section 5. (1), dredging activities related to the maintenance of Frenchman's Bay shall be permitted; (ii) Despite Section 4. (2) and 5. (1 )(a), one freestanding, unenclosed gazebo, in support of the passive recreational use of the lands, shall be permitted having a maximum floor area of 40 square metres; 6. BY-LAW 2511 By-law 2511 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. The relevant provisions of By-law 2511, as amended, shall govern definitions and subject matters not specifically dealt with in this By-law. - 3 - 14·-' 7. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this _ day of 2006. David Ryan, M~~ <J~~ Debi A. Bentley, City Clerk Î 4 ~~; -~-~ íì__ J,. :::::::=--<" .... \ 'ì--.... " \ 1 l , I /111 \, , "--J r-- \ 1 \ \ \ \ \ \ \ \ \ \ \ \ \ FRENCHMANS BA Y SCHEDULE I TO PASSED THIS DAY OF \..- k \ \ \ \ .. .. ""\ .....'ì ,... v"'" l- ( ,,(' \..-.......-... 'x ----- ---rí~---- -í~"Î- Ul==rTïI - I' ,--rí- II II \ \ jiÏLJllL----- .J L-- LAKE ONTARIO l' 2006 MAYOR CITY CLERK tI_-L- TO Ii Pl: 40-00 - 1(\ _I. L. {) I t 11~lô R n JR v/!"1' .J\l a::: I I W I I > I I I ~if i~~~ A~\ '" .....J I I II I I I I.._J Z I-- a: .-J ffinEIB t--- ~ ...;¿¡: I <C ~ \ "Ç=J II I - - Ó " - ~1J11~11 tR £L ~ - ROAD WATERP( ~i - ~ STR - ~ ~,\11 I - - " -:> \ COMMERCE STREET COM , \~l=8-1l~ I g: ~ f-- FRENCHMAN'S ~ ~ 8ROA ..\ « en L5 - f--- BAY .....J---j f-- a.. ANN LAND U f---- -t~ ~f- 1=\1-- I I-- ST 1 WHARF -1 \ I I 11 1= (> ~I ~ I-- r= ~ Ë Iii ~ I-- I 1== ---- r-- ---\:ê Ë ì:::.:: - ~,J'- ~ - r= t= - [] ~ t= r ')j .....J '-- 0 0 a.. !L- a::: w > ::ï SUBJECT ~ r~ ---- PROPERTY I r-- ~ --- j /III ~ ~" LAKE ~~ ~UU ONTARIO City of Pickering Planning & Development Department PROPERTY DESCRIPTION LOTS 219·224,283·288, PARTS LOTS 218, 218, PLAN 299 l' OWNER PICKERING HARBOUR COMPANY DATE JUNE 13, 2006 DRAWN BY JB FILE No. A 02/06 SCALE 1 :5000 CHECKED BY RC ~a;.~,.:~:tçË~~.rp"I... Inc. and It. suppll.r.. All right. R...rved. Not a pion of .urvay. PN-03 200S MÞAC and Ita auppllen. All riaht. R...rved. Not a plan of SUN.V. LLI O· <: q: E: r¡j § o ,CQ fi': ~ "¥'Ò _._ ........-.... ... 4·.., J - { __~ TO I'; ..'iQ·Út., '"n'" INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 02/06 - PICKERING HARBOUR COMPANY TO RE-ZONE THE SUBJECT LANDS F" .ROM A "R4" RESIDENìlAL ZONE TO AN OPEN SPACE ZONE TO ALLOW A WINDMILL AND PASSIVE RECREATIONAL USES. FRENCHMAN'S BAY \ \ . LAKE ONTARIO PROPOSED WINDMILL LOCATION SURROUNDED BY A FENCE ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, APRIL 5, 2006. l; 3 Tn --lJh-~-º¿ , 148 INFORMATION REPORT NO. 06-06 FOR PUBLIC INFORMATION MEETING OF APRIL 20, 2006 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning Amendment Application A 02/06 Pickering Harbour Company Limited Sandbar Road Lots 210 - 224, Lots 283 - 288, and Part of Lots 218, 289 Plan 299 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the lands are located at the east side of the harbour entrance to Frenchman's Bay, west of Liverpool Road, north of Lake Ontario, and is generally known as the East Spit and are currently vacant (see Attachment #1 - Location Map). 2.0 APPLICANT'S PROPOSAL - the applicant proposes to rezone the subject lands from a "R-4" - Residential Zone to an Open Space Zone that would allow a windmill and passive recreation uses (see Attachment #2 - Applicant's Submitted Plan); - the owner intends to construct a private windmill on these lands in association with the adjacent marina operation. 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reaional Official Plan - the lands are designated Major Open Space System - Waterfront in the Durham Region Official Plan; - designates Frenchman's Bay as a Waterfront Place; - promotes Waterfront Places such as Frenchman's Bay to be developed as focal points along the Lake Ontario Waterfront, and permits a mix of uses including marina, recreational, tourist, cultural and community uses in these locations; - the application appears to conform to the Durham Region Official Plan; ï 11 ,:) _. lnformation Report No. 06-06 #_-ª-- TO .~. _99~,:º(ç) _ Page 2 3.2 PickerinÇl Official Plan - the lands are designated Open Space Systems - Natural Areas within the Bay Ridges Neighbourhood; - the lands are intended to be used for conservation, restoration, environmental protection, recreation, and ancillary uses; - the lands are subject to the "Liverpool Road Waterfront Node Development Guidelines"; - the subject application will be assessed against the policies and provisions of the Pickering Official Plan during the processing of the application; 3.3 Liverpool Road Waterfront Node Development Guidelines - the main theme for the entire Node is that of a "Great Lakes Nautical Village" having a mix of uses and an inviting ambiance; recognizes Frenchman's Bay as a boating tourism area that provides seasonal marina facilities and additional land-based recreation and tourism opportunities; recognizes that the East Spit exhibits the characteristics of a dynamic beach; establishes that the Village will offer opportunities for people to live, work, shop and play within the area; establishes that public uses are appropriate on the spit including a limited number of supportive buildings; emphasizes the importance of preserving and 1 or enhancing the views from the area towards Frenchman's Bay as key considerations in the review of any development proposal; 3.4 ZoninÇl By-law 2511 - the subject lands are zoned "R-4" - Residential Zone by By-law 2511, as amended; - this current zone category permits detached dwellings; the applicant has requested the lands be rezoned to permit a windmill and passive recreation uses; 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments no written resident comments have been received to date; 4.2 AÇlency Comments Veridian Connections - no objections; r 3 11__. _10 Pc< __,",'Y.Q. -Db _., Page 3 -' "" '1 l~) , Information Report No. 06-06 4.3 Staff Comments In reviewing the application to date, the following matters have been identified by staff for further review and consideration: - the appropriate separation distance from residential dwelling areas to the proposed windmill location; the appropriateness and compatibility of the proposed windmill and passive recreation uses with the surrounding uses area; - the evaluation of the Liverpool Waterfront Node Development Guidelines in relation to the proposed uses on the property; - the examination of whether any site alterations, servicing and 1 or grading works are proposed are required to accommodate the proposed windmill and passive recreation uses on the subject lands; - the determination of whether any future studies may be required including, but not limited to, a noise impact report to evaluate any potential noise disturbance issues that may be associated with windmills. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Councilor a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 Information Received a full scale copies of the applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; - the need for additional information and 1 or studies will be determined through the review and circulation of the applicant's current proposal; 1 ~r~rmation Report No. 06-06 3 #_.--.fO 4l> -<..."Jt; Page 4 "', ''1r'~"<"...._~,.~_.",,<,,.,.,,..._.'>"---.'" 6.2 Property Principal - the owner of the subject lands is Pickering Harbour Company and the Principal is Harold G. Hough, President; - the authorized agent is Ian McCullogh of Marshall Homes. ORIGINAL SIONED BY ORIOINAL SIGNED BY Rick Cefaratti Planner II Lynda Taylor, MCIP RPP Manager, Development Review RC:ld Attachments Copy: Director, Planning & Development d ~1,", ''f.~",~;;;;''''~1 u '-IL)'éJo ..,·,L·c,"·..'-·,'·_··,"."""""-",......,·"_"...~·"."¿n··"" 15'? APPENDIX NO. I TO INFORMATION REPORT NO. 06-06 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received to date COMMENTING AGENCIES (1) Veridian Connections COMMENTING CITY DEPARTMENTS (1 ) none received to date ". ¡-') I ;), I Liú¡ o~ ! 4, :1.,,,;¡o;~~~:ji~ 'I Ö '-elf· ',.......¿-.""'" "=~'~.'~"";"";;.-"..'",,~ .'~'"~',~.,,.',.', ,....~ Excerpts from Minutes / Meeting Summary Statutory Public Information Meeting Council Chambers Thursday, April 20, 2006 7:00 pm. Attendees: Councillor Brenner - Chair Lynda Taylor, Manager Development Review Geoff Romanowski, Planner II Rick Cefaratti, Planner II Birgit Wilson - Recording Secretary Also Attending: Ian McCullough, Authorized Agent of Marshall Homes Lauralei Jones, Planner Altridge Properties Inc. Lynda Taylor, Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. 2. ZONING BY-LAW AMENDMENT APPLICATION A 02/06 PICKERING HARBOUR COMPANY LIMITED SANDBAR ROAD LOTS 210 - 224, LOTS 283 - 288, AND PART OF LOTS 218, 289 PLAN 299 CITY OF PICKERING 1. Planner Comments Rick Cefaratti, Planner II provided an overview of the property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in the Information Report # 06-06. He stated that to date no commentslconcerns have been received from outside agencies or the public. 2. Applicant Comments Ian McCullogh, authorized agent of Marshall Homes explained the proposal as outlined in the Information Report # 06-06. He stated that the owner would construct a windmill on these lands to conform to the esthetics of the Waterfront Place. 3. Comments from Members of the Public Sylvain Trepanier 1218 Monica Cook PI. Mr. Trepanier was not sure whether or not he supported the recommended rezoning as he felt to date there has not been enough information available to the public to Page 1 CORP0228-2/02 y .'.." . '\> '-Ie) '~l)h 154 make a propër assessment. He further expressed a concern that the Statutory Public Information Meeting was of no value as he felt the recommended by-law would now go before Executive Committee for the recommendation to be enacted. Mr. Trepanier had additional concerns as follows: · Road ownership, public or private? · Ownership of the land is fragmented, some public some private-how will that be addressed? · What is passive recreation use? · Will the proposed windmill block the view from the Bay? · Which Official Plan does the proposal conform to Durham or Pickering? · Middle is a public road, will this remain public and if so will a fence be erected. Lastly, Mr. Trepanier asked for reassurance from The City of Pickering that additional information will be forthcoming and that the residents will be kept informed as this goes forward. 4. Response from Applicant Ian McCullogh, authorized agent of Marshall Homes confirmed that at present there is fragmented ownership of the lands and that ownership consolidation is being addressed and will be finalized very shortly. He further stated that before this project goes forward, there would be conceptual drawings submitted to The City of Pickering. 5. Staff Response Rick Cefaratti advised that the proposed plan conforms to the Durham Official Plan Which permits a mix of uses including marina, parks, recreational, tourist, cultural and community uses. 6. Comments from the Chair Councillor Brenner assured Mr. Trepanier that the purpose of the Statutory Public Information Meeting was to gather information from the public on the proposal and that no proposal will be put before Executive or Council until all interested parties are heard and that all concerns are addressed. He further stated that for this particular proposal there is not sufficient information to make a recommendation either for or against and that a Site Plan that addressed issues such as road access and conformity to the Waterfront Plan needs to be approved before this proposal can go forward. He further suggested that Planning and Development, Lynda Taylor should follow-up with the Waterfront Coordinating Committee and host an open meeting to address all issues raised this evening. Lastly, he stated that a second Statutory Public Information Meeting may be needed before a decision to approve or deny this application can be made. Page 2 CORP022B-21O? -.r-..c- ì ~)) The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4'H FLOOR PO BOX 623 WHITBY, ON L 1 N 6A3 (905) 668·7711 Fax (905) 666-6208 E-mail· plannlng@ reglon.durhamon .ca www.region.durham.onca A.L. Georgieff, MCIP, RPP Commissioner of Pianning ·'Service Excellence for our Conununitios" 5 L/O"~ '~ April 28, 2006 Rick Cefaratti, Planner II Pickering Civic Complex One The Esplande Pickering, Ontario L 1V 6K7 Via Email: rcefa ratti@city.pickerin9.on.ca Mr. Cefaratti: Re: Zoning Amendment Application A02/06 Applicant: The Pickering Harbour Company Location: Sandbar Road Municipality: City of Pickering This application has been reviewed and the following comments are offered. The purpose of this application is to amend the zoning of the subject property from "Residential R-4" to an "Open Space Zone" to permit a windmill and passive recreational uses. ReQional Official Plan The lands subject to this application are designated "Waterfront" in the Durham Regional Official Plan. The development of electric power facilities, including windmills, is permitted within all land use designations provided that the requirements of the Environmental Assessment Act are adhered to. Waterfronts are to be developed as focal points that exhibit a mix of uses. Recreational uses may be permitted within the Waterfront designation. Provincial Policies & DeleQated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of provincial interest applicable to this application. Reaional Services Municipal water supply and sanitary sewer services are not available to the subject property. Community Strateaic Plan The proposal is consistent with Community Strategic Plan Actions including the promotion of alternative forms of energy. If you have any questions or require further information, please do not hesitate to contact me. / / 1 ,/ , ; , . ! I ' ~ t ,1 '/\ //" I'JI1 /1'1:;1/' / -"':. vll Ir 'V / Dwayne Campbell, Planner Current Planning CC: Regional Works Department - Peter Castellan N:IPIMldclZoning\CommentsIPickering\a02·06 l ,·X·,r¡¡!1 if _,. ..,~...,_ íü , P[c ___~tQ...:.~__,__...~, , r:: ,," 1. ;) ií J·>CõnsêFvåNùõn for The Living City May 3, 2006 RECE~VED CFN 37347.03 XREF CFN 37448 BY FAX AND MAIL (fax. 905.420.7648) 1 '. J.\ \' .1. ;-, .'. : f'J'. . (., ~v~;~¡ l ;; U (¿ j uç Rick Cefaratti Planner II Pickering Civic Complex One The Esplanade Pickering, ON L 1 V 6K7 CiTY OF PICKERING ?!..ANNING & DEVELOPMENT DEPARTMENT Dear Mr. Cefaratti: Re: Zoning By-law Amendment Application No. A 02/06 Sandbar Road City of Pickering Pickering Harbour Company Thank you for the opportunity to review the above referenced Zoning By-law Amendment, received March 31, 2006. It is our understanding that the purpose of the application is to rezone lands located on the western end of the Eastern Spit owned by Pickering Harbour Company from an R-4 Residential Zone to an Open Space Zone allowing a windmill and passive recreation uses. The legal description of the lands is Lots 219 to 225, Lots 283 to 288, Part Lot 218 and 289, Plan 299. TRCA comments are as follows: rRGA Permit Requirement The subject property is adjacent to Lake Ontario and Frenchman's Bay. As a result of an update to provincial legislation, TRCA's existing Regulation was replaced by the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 97/04) on May 1,2006. To implement this new Regulation, the TRCA has undertaken a conformity exercise and produced new mapping to identify the regulated areas. As such, all of the subject property continues to be regulated and a permit from the TRCA will be required prior to any development (e.g. construction, site alterations) within the subject property. The applicant has submitted Permit Application No. 083/06/PICK to the TRCA and this appiication is currently under review. Impacts to Wildlife Frenchman's Bay, like many of the coastal habitats along the Lake Ontario shoreline, provides important resting areas for migratory birds in spring that have traveled northward across the lake, and provides important staging areas for migratory birds continuing their journey south in the fall. Monitoring studies (by Dr. Ross James and Glenn Cody, enclosed) conducted following construction of the wind turbine at Hydro Marsh and on the CNE grounds demonstrate that the impacts to birds from these structures is not significant (2 or 3 bird deaths recorded during the 1 year study period compared to the thousands of birds that likely travel through these areas). However, there is still some contention over the design of the monitoring studies that were conducted given that observations did not necessarily coincide with high G:\Home\Public\Development Services\Durham Region\Pickering\east spit windmill_1.wpd 5 Shoreham Drive, Downsview, Ontario M3N 1 S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca cm\ 157 ""(¿~'"" fO q4?:=~?,..~, Rick Cefaratti - 2 - May 3,2006 levels of migratory bird fallout. Higher levels of mortality could occur during low-visibility periods such as at nighttime or rainy/foggy periods when birds are expected to seek land during migration. As such, we recommend that a post-construction monitoring study be conducted similar to those completed by Dr. James, with some modifications to his protocol which can be further discussed with TRCA staff, as follows: 1, The surveys should be conducted during the first year after construction of the turbine during spring and fall migration by a qualified biologist. 2, The surveys should be conducted on days/nights when significant migrant fallout is expected to or has occurred, such as foggylrainy conditions. Field surveys should occur in habitats in the vicinity to confirm that landed migrants are present andlor contact should be made with TRCA staff (i.e. Dan Derbyshire at Leslie Street Spit, 905.649.2208) to confirm fallout conditions are present. 3, The results of the survey should be analyzed and recommendations should be provided in a report to TRCA outlining whether there were a sufficient number of high fallout days surveyed in order to make adequate conclusions or whether further monitoring is required, The study should also make recommendations as to whether the turbine operations need to be modified to reduce wildlife impacts (e.g. turbine shut off during foggy/rainy days during migration), Dr. James' monitoring reports noted that impacts to bats was more significant than to birds. Eight deaths were recorded. As such, bat mortality surveys should also be conducted post construction during peak bat migration, particularly in the fall. This can also be further discussed with TRCA staff. Design Considerations (for the TRCA Permit application) In order to minimize design impacts on wildlife, we would like to confirm that the following elements will be incorporated into the design of the structure: 1. The tower type should be mono-pole and not a lattice to eliminate attraction by birds to roost on the structure. 2. The rotor position should be maintained in an upwind position, if possible. 3, Lighting should be eliminated to avoid insect, and hence, wildlife attraction. 4, A number of rare dynamic beach plants occur in the vicinity of the proposed tower. All locations of rare flora should be identified and mapped prior to construction by a qualified biologist. Any proposed impacts to these mapped species must be identified and if necessary transplanted to other suitable locations, 5. We have not yet received any information relating to the impacts associated with the installation of underground cable(s) to service the turbine, It is understood that the cable(s) will be directionally-drilled under the Bay. TRCA staff would like to visit the site with the proponent's Engineer and/or Ecologist to identify the location of construction staging, cable(s) and other areas of disturbance, and minimize their impacts, In addition, mitigation measures to restrict construction access to the adjacent natural areas (i.e. tree protection/sediment fencing) should be provided. 6. The proposed structure will be located on a dynamic beach. We understand that the regular maintenance of the barrier beach gap will result in temporary storage of the G;\Home\Public\Development Services\Durham Region\Pickering\east spit windmill_1.wpd Æ (;; d,. r·"'",·""~i""·,-"""'"""·'.'~'J¡,) ,.~(:.:!:"'f',.~,~" 15 ç~ Rick Cefaratti - 3 - May 3, 2006 dredged spoil around the base of the new tower. However, TRCA staff would not support any shoreline hardening to protect this structure, Recommendations In light of the above, TRCA staff have no objection to the approval of the proposed Zoning By- law Amendment, subject to the following: 1, Tower type is limited to a mono-pole design and not a lattice pole. 2, Post-construction monitoring take place to TRCA satisfaction, We trust this is of assistance. Please feel free to contact me if you have any further questions. Sincerely, ~~~~RTPI Senior Planner Planning and Development Extension 5311 enclosures cc: Ian McCullough, Marshall Homes (fax. 905.420.1600) Pickering Harbour Company (fax. 905.839.4380, without enclosures) Larry Field, TRCA (without enclosures) Dan Derbyshire, TRCA (fax. 905,649,1709, without enclosures) G:\Home\Public\Development Services\Durham Region\Pickering\east spit windmill_1.wpd -'~ .....] .. t¡ç\-~Or2 -j [-1 ..!. ;) 65.0 Metres 50.0 Metres AnACHMENT ,8 TO REPORT' PD 40,- 0(" A02/06 Pickering Harbour Company Comparison in Size between Proposed Wind Turbine and Ontario Power Generation Wind Turbine at the Nuclear Power Station ~. /// // / // /. ../ (';;/ .~ ~ Proposed Pickering Harbour Company Wind Turbine Existing Ontario Power Generation Wind Turbine (Pickering) 160 117.0 Metres 78.0 Metres THE CITY or PlCKfJ/ING PlANNING 4" DEVELOPMENT DéPAFmIENT. THIS /lAP WAS PRODIJCED BY THE CITY OF PlCKfJ//NG PlANNING ... DEVElOPMENT DéPARTIIENT. INFORMATION 4" SUPPORT SERVlCES. JUNE 7. 2006,